In this article, the following words shall have the meanings
ascribed to them below:
Any occurrence that renders a vehicle wrecked or disabled.
The towing of a vehicle at the request of the owner or operator.
The director of the city’s police and fire departments,
the director of public safety/chief of police, or his authorized representative.
A motor vehicle that has been rendered unsafe to be driven
as the result of some occurrence, including but not limited to mechanical
failure or breakdown, fire or vandalism, or a motor vehicle that is
in a safe driving condition but whose owner or operator is not present,
able, or permitted to drive so as to reasonably necessitate that the
vehicle be removed by a wrecker.
Any motor driven or propelled vehicle required to be registered
under the laws of this state. Texas Transportation Code section 501.002(17)(18).
The towing of a vehicle without the prearranged knowledge
and consent of the owner or operator of said vehicle. Examples include,
but are not limited to: vehicles towed when the driver is incapacitated
following an accident, vehicles towed when the driver has been arrested,
and vehicles removed from public or private property without pre-notification
to the vehicle owner.
A wrecker or tow truck operator registered with the state
who does not maintain a place of business within the corporate limits
of the city.
An individual, firm, partnership, association, corporation,
company or organization of any kind.
Submitting the proper information on each wrecker vehicle
to the city police department for recordkeeping purposes.
An individual, applicant, or owner who has registered and
been issued a receipt by the police department to operate in the city.
Every mechanical device in, upon or by which any person or
property is or may be transported or drawn upon a public highway,
except devices moved by human power or used exclusively upon stationary
rails or tracks.
A discarded, abandoned, junked, wrecked or worn-out motor
vehicle that is not in a condition to be lawfully operated on a public
road.
A vehicle designed for use primarily for removing wrecked
or disabled vehicles.
A person engaged in the business of using a wrecker to tow,
winch, or otherwise move a motor vehicle.
(2001 Code, sec. 4.603)
(2001 Code, sec. 4.619; Ordinance
adopting Code)
(a)
It
is unlawful for a person to operate, or employ another to drive or
operate, any wrecker over any street in the city for the purpose of
towing a consent or nonconsent vehicle within the city without first
registering with the city and obtaining a receipt, except as provided
by this article.
(b)
Every
person desiring to provide a wrecker or towing service to render nonconsent
tows in any situation involving the city public safety division shall
first register with the city, submit the required registration fee,
obtain a receipt, and be contracted on rotation with the city.
(c)
A
person who charges a fee for towing nonconsent vehicles, whether by
the use of a wrecker or by the use of any other vehicle utilizing
ropes, chains, or other mechanisms, shall be considered to be engaging
in a wrecker or towing business, and must register with the city and
submit the required registration fee. This shall not be construed
to include a service car or other vehicle not equipped with mechanical
devices for transporting wrecked vehicles and not used for such purpose,
such as service cars equipped with compressed air containers and tools
for performing minor repairs not involving towing or transportation
of wrecked or disabled vehicles.
(2001 Code, sec. 4.601)
Registration is not required for the following activities:
(1)
The
transportation of a vehicle by a nonresident wrecker operator from
some point outside the city to some destination within the city.
(2)
The
transportation of a vehicle by a nonresident wrecker operator from
some point outside the city and traversing the city to some other
destination outside of the city.
(3)
The
transportation of a vehicle by a nonresident wrecker operator at the
request of the owner or operator of a vehicle.
(2001 Code, sec. 4.602)
Each wrecker service applicant, whether wishing to participate
in the police department rotation schedule, wishing to provide consent
and/or nonconsent tows, or operating a place of business in the city
limits, must file a written registration application with the director
of public safety or his designee. The application shall be verified
by the applicant and be on a form furnished by the police department;
only completed applications will be accepted.
(2001 Code, sec. 4.604)
Each wrecker truck for which a receipt is issued shall meet
the following minimum requirements:
(1)
Each
wrecker shall not be less than one ton in size.
(2)
Each
wrecker shall position the registration receipt where it is clearly
visible in the vehicle’s front window, either hanging from the
inside rear window or secured inside face-out next to the state inspection
and registration stickers.
(3)
Each
wrecker shall be equipped with a power or hand-operated winch line
and boom or lifting device with a factory-rated capacity of not less
than five thousand pounds single capacity.
(4)
Each
wrecker shall have inscribed on each side the name, address and telephone
number of the wrecker business in letters not less than three inches
in height.
(5)
Each
wrecker shall carry as standard equipment safety chains, a fire extinguisher,
wrecking bar, broom, axe, shovel, either flares or traffic-control
reflectors, a wheel dolly and a container to carry debris.
(6)
Each
wrecker shall be equipped so as to provide two-way voice communication
by mobile telephone or radio with the registration holder’s
base station at all times.
(7)
Each
wrecker shall be equipped with overhead flashing emergency lights,
visible from one thousand five hundred feet.
(2001 Code, sec. 4.605)
(a)
The
city shall have the right to contract with one or more wrecker service
providers for the towing or impoundment of any vehicle made necessary
in the exercise of the city’s police and governmental functions.
(b)
The
city shall have the right to authorize a wrecker service rotation
list/schedule.
(c)
The
city may call any wrecker service or use any wrecker service in cases
where the contractor is unable to respond as required by this article,
during emergency situations, or when deemed necessary by the director
of public safety or his designee.
(d)
In
the event the number of service providers on the police rotation schedule
becomes less than two, the city is authorized to go outside the city
limits for additional services.
(2001 Code, sec. 4.606)
Each wrecker service wishing to participate in the police department
rotation schedule must be registered with the city, complete the rotation
wrecker service application, and comply with the vehicle requirements
established above, all state laws regarding wreckers and vehicle storage
facilities, and the requirements listed below:
(1)
Meet
all city and state qualifications and requirements, and be registered
as a wrecker service with the city and comply with all city ordinances.
(2)
Operate
a principal place of business in the city limits, and have a storage
facility within a five-mile radius of the city limits.
(3)
Arrive
at the scene within twenty minutes upon notification. Three instances
of failure to respond as outlined above, within a twelve-month period,
is just cause for suspension, revocation, or refusal to approve the
issuance or renewal of a wrecker registration.
(4)
Deliver
wrecked or disabled vehicles to a location designated by the owner
or operator of the vehicle or by the police department.
(5)
Must
not release any police department requested towed vehicle without
proper documentation from the police department.
(6)
Upon
arrival at an accident scene, promptly clear the wreckage and debris
from the traveled portion of the roadway and confine wreckage and
debris to the smallest possible portion of the traveled roadway. In
a manner to minimize the duration of the interference with normal
traffic flow, completely remove from the site of the accident all
resulting wreckage or debris, including all broken glass, excluding
the truck’s or vehicle’s cargo, before leaving the site.
(7)
To
the extent feasible, comply with all traffic regulations in removing
any vehicle from the scene of an accident. Under no circumstances
shall a vehicle be moved or towed in such a manner as to jeopardize
the safety of other vehicles on the roadway.
(8)
Depart
the scene of an accident at the request of a police officer when such
wrecker has not been called to the scene in compliance with this article.
(9)
Keep
and maintain wrecker vehicles and towing equipment in a safe and working
condition to insure that said wrecker and equipment are adequate to
perform towing services.
(10)
Must have ability to access at least one tile-bed [flat-bed] vehicle
capable of handling the safe movement of motorcycles and front wheel
drive cars.
(11)
Must provide proof of ability to access, upon receipt of notice,
a wrecker that is capable of towing a tractor-trailer and other large
vehicles.
(12)
Must operate wreckers equipped with an overhead flashing non-emergency
(red) light that is visible from one thousand five hundred feet.
(13)
Shall provide pickup and towing services for city vehicles, within
the city at no charge to the city, and for vehicles outside the city
but within Tarrant and Parker counties, and those counties contiguous
to Tarrant and Parker counties, at the minimum rate provided by state
law.
(14)
Shall provide storage at no cost to the city for city-owned vehicles.
(15)
Shall not charge the city for storage of vehicles towed and/or stored
without the owner’s consent but shall charge the owner.
(16)
Maintain its certificates of convenience and necessity as issued
by the state department of transportation and the United States Interstate
Commerce Commission.
(17)
Shall employ and maintain, or have the ability to access in the time
outlined above (twenty minutes), a sufficient number of personnel
to accommodate a minimum of two wrecker units at the same time.
(18)
Shall furnish a list of any liens, judgments, or other encumbrances
against the registering company owned by applicant. The list shall
include the amount secured by each lien, judgment, or encumbrance,
the amount due, the character of such lien, judgment, or encumbrance,
and the names and address of the holder of such lien, judgment, or
encumbrance.
(2001 Code, sec. 4.607)
(a)
Each
registration holder shall maintain books and records reflecting its
operation in accordance with generally accepted accounting principles
as may be necessary for verification of the registration holder’s
compliance with the terms of this article. The registration holder
agrees to make such records available at reasonable times to the director
of public safety or his designee upon request.
(b)
Members
of the police department may inspect each wrecker and/or storage facility
used by the registration holder at reasonable times during the application
or permit period to insure compliance with the requirements of this
article.
(2001 Code, sec. 4.608)
(a)
Upon
payment of the applicable registration fees, the director of public
safety or his designee shall review the registration application.
The director of public safety or his designee shall issue a receipt
to each qualifying applicant complying with the provisions of this
article, all rotation schedule regulations and requirements, and all
wrecker and towing services [regulations] which have been promulgated
by the city and the state. In addition, the director of public safety
or his designee shall issue a receipt for each wrecker operated by
the applicant.
(b)
Registrations
shall expire on December 31st in the year in which it is issued.
(c)
The
receipt shall not be transferable or used on any wrecker other than
the one for which issued.
(d)
The annual fee for wrecker registration shall be as provided for in the fee schedule found in appendix A of this code.
(e)
Qualifying
wrecker services may join the rotation schedule at any time throughout
the year.
(2001 Code, sec. 4.609)
(a)
The
director of public safety or his designee may refuse to approve the
issuance or renewal of a wrecker registration, or may suspend or revoke
a wrecker registration previously issued, for one or more of the following
reasons:
(1)
The making by the applicant of any false statement or omission of
information as to a material matter in an application for registration
or registration renewal or in a hearing concerning the registration.
(2)
Conviction of the applicant, the registration holder or an employee
of the applicant or registration holder for a violation of a provision
of this article.
(3)
Revocation of registration issued to the applicant or any owner,
partner or corporate officer of the applicant within three years preceding
the application pursuant to this section.
(4)
Conviction of the applicant or registration holder of a felony, assault,
fraud, burglary, theft, DWI or other offense involving moral turpitude
within five years preceding the application.
(5)
Suspension of a state license for any reason.
(6)
Failure to comply with any of the requirements of this article.
(b)
If
the director of public safety or his designee denies an application
for registration, written notice shall be mailed to the applicant,
at the address shown on the application, by certified mail, return
receipt requested. The notice shall state the reason for denial.
(c)
No
registration shall be suspended or revoked without notice to the registration
holder and an opportunity for a hearing. A registration holder who
receives notice of a proposed suspension or revocation may file a
written request for a hearing with the director of public safety or
his designee within ten days from the date of the notice. The director
of public safety or his designee shall conduct a hearing and shall
thereafter determine whether to suspend or revoke the registration.
(2001 Code, sec. 4.610)
Any person whose application for a wrecker registration has
been denied, suspended, or revoked by the director of public safety
or his designee shall have the right to appeal in writing such action
to the city manager within ten calendar days after notification of
such action. The city manager shall review the matter and may uphold,
modify, or reverse the action of the wrecker registration. The decision
of the city manager shall be final.
(2001 Code, sec. 4.611)
(a)
The
city shall not issue a permit unless the wrecker operator shall procure
and keep in full force and effect automobile liability insurance and
either garagekeeper’s liability insurance or truck cargo insurance
written by an insurance company authorized to do business in the state,
acceptable to the city, and issued in the standard form approved by
the state department of insurance. Such policies of insurance shall
require at least thirty days’ written notice to the city of
any cancellation or termination or of any material change in the terms
of the insurance coverage. The insurance policies shall contain appropriate
provisions to cover all wreckers and wrecker operators conducting
business under the permit.
(b)
The
automobile liability insurance must provide combined single limits
of liability for bodily injury and property damage of not less than
one hundred thousand dollars for any person killed or injured, five
hundred thousand dollars for more than one person killed or injured
in any one accident, and one hundred thousand dollars for property
damage and theft coverage on all vehicles removed or impounded. The
automobile liability insurance must also meet the minimum requirements
under the laws of the state.
(c)
The
garagekeeper’s liability insurance or tow truck cargo insurance,
whichever is maintained, must provide limits of liability for any
one loss of not less than fifty thousand dollars.
(d)
A
copy of the required insurance policies shall be submitted to the
city at the time of application for a wrecker permit and a current
copy of such policies shall be maintained with the director of public
safety or his designee throughout the term of the permit.
(2001 Code, sec. 4.612)
No person may drive a wrecker to the scene of an accident on
the streets of the city unless the person has been called to the scene
by a police officer or the owner or operator of the vehicle.
(2001 Code, sec. 4.613)
The wrecker service shall first notify the city police department
of intent to remove and store before removing from its location in
the city to another location a wrecked or disabled vehicle in which
the owner and/or operator of the vehicle has not given his consent.
(2001 Code, sec. 4.614)
(a)
No
person may solicit in any manner, directly or indirectly, on the streets
of the city, the business of towing a vehicle which is wrecked or
disabled, regardless of whether the solicitation is for the purpose
of soliciting business of towing, removing, repairing, storing, trading
or purchasing the vehicle.
(b)
Proof
of the presence of a person engaged in the wrecker business, either
as owner, operator, employee or agent, on a street in the city, at
or near the scene of an accident, who has not been called to the scene
by the police department or the owner or operator of the vehicle,
within one hour after the happening of an accident is prima facie
evidence of a solicitation in violation of this section.
(2001 Code, sec. 4.615)
No police officer or other employee of the city shall recommend
to any person, directly or indirectly, the name of any particular
person engaged in wrecker business for which solicitation is prohibited,
nor shall any police officer or other city employee attempt to influence
in any manner a decision of a person in selecting a wrecker operator.
(2001 Code, sec. 4.616)
(a)
A
registration holder shall notify the police department of any and
all personnel changes for those persons who will operate the wrecker
vehicles within three working days of such personnel changes. The
registration holder shall immediately notify the police department
of any change in ownership of the wrecker company, any change in the
number of wreckers or location of a storage facility, or any other
material change in the information provided on the application. The
current registration will immediately expire and become void.
(b)
New
owners, the addition of wrecker trucks or location of storage facility,
or any other material change in the information provided on the application
for permit requires immediate and additional registration.
(2001 Code, sec. 4.617)
(a)
Each
garagekeeper must provide to the police department on the required
police department form an inventory listing of stored vehicles by
Tuesday of every week.
(b)
Requests
for notification to the owner/lienholder of abandonment by the police
department must be submitted on the police department requested tow
or non-police department requested form.
(c)
In accordance with Texas Transportation Code section 683.032, to compensate the city for the postal expense necessary to process the required notification of abandonment to owners/lienholders, a minimum fee shall be charged to the wrecker service on each notification sent from the police department office. To compensate the city for the administrative and other expenses necessary to process the release, either to the owner/lienholder or by way of an auction, of a vehicle towed and stored, on both police department requested tows and non-police department requested tows, a fee as provided for in the fee schedule found in appendix A of this code shall be charged. The city reserves the right to reimbursement of expenses for sales and auctions of abandoned vehicles as outlined by the Texas Transportation Code, section 683.015 and section 683.034.
(d)
As
provided in Texas Transportation Code section 683.076, an owner or
operator whose vehicle is removed without consent from a location
within the city and placed in a vehicle storage facility is entitled
to a hearing on whether probable cause existed for the removal and
placement of the vehicle before a city municipal court judge. The
police department will not support a wrecker service’s claim
of legality on non-police department requested tows.
(2001 Code, sec. 4.618)
